67A.360 Definitions for KRS 67A.360 to 67A.690.

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67A.360 Definitions for KRS 67A.360 to 67A.690. Words and phrases, wherever used in KRS 67A.360 to 67A.690, unless a different meaning is clearly indicated by the context, shall have the following meanings: (1) "Fund" shall mean the "Policemen's and Firefighter's Retirement Fund of the .... Urban-County Government"; (2) "Government" shall mean the governmental unit of any urban-county government in the Commonwealth of Kentucky, including the governmental unit of any former urban-county government which changes its form of government, class or other status; (3) "Department" shall mean the police department or the fire department of a government; (4) "Board" shall mean the board of trustees provided in KRS 67A.360 to 67A.690 as the agency responsible for the direction and operation of the affairs and business of the fund. The board shall hold title to all assets of the fund; (5) "Member" shall mean any member of the police or fire department who is included in the membership of the fund; (6) "Service" shall mean actual employment in a department of a government, or a city existing within the boundaries of the government immediately prior to the establishment of an urban-county government, for salary or compensation, or service otherwise creditable as herein provided; (7) "Prior service" shall mean service rendered prior to the date of establishment of the fund or the fund of a city existing within the boundaries of the government immediately prior to the establishment of an urban-county government; (8) "Membership service" shall mean service rendered on or after the date of establishment of the fund or the fund of a city existing within the boundaries of the government immediately prior to the establishment of an urban-county government; (9) "Total service" shall mean prior service, membership service, and service credit purchased by a member as provided in KRS 67A.402; (10) "Regular interest" shall mean such rate of interest as shall be fixed by the board, provided that for the first five (5) years of operation of the fund the rate shall be not less than three percent (3%) per annum, compounded annually; (11) "Occupational disability" shall mean disability due to occupational causes, including but not limited to injury or disease. The presumption of contracting disease "while on active duty as a result of strain or the inhalation of noxious fumes, poisons or gases" created by KRS 79.080 shall be a presumption of "occupational disability" hereunder; (12) "Occupational death" shall mean death due to occupational causes, including but not limited to injury or disease; (13) "Average salary" shall mean the highest average annual salary of the member for any three (3) consecutive years of service within the total service of the member, including employee contributions picked up after August 1, 1982 pursuant to KRS 67A.510(2); (14) The masculine pronoun, wherever used, shall include the feminine pronoun; and widow shall include widower; (15) The fiscal year of the fund shall date from July 1 of any year to June 30 of the next year following; (16) "Total disability" shall mean a disability which substantially precludes a person from performing with reasonable regularity the substantial and material parts of any gainful work or occupation in the service of the department that he would be competent to perform were it not for the fact that the impairment is founded upon conditions which render it reasonably certain that it will continue indefinitely; (17) "Minor child" includes, as applicable, a child under the age of twenty-three (23) still engaged in full-time education; (18) "Mayor," "commissioner of finance," "commissioner of public safety," and "director of human resources" shall mean the persons holding the office or job most closely resembling the ordinary meaning of such terms, in the event that a government does not have an office so described; and (19) "Salary" means the member's actual base rate of pay and any other compensation that the government chooses to include. "Salary" shall include longevity pay, training incentive pay, and hazardous duty and special duty pay but shall exclude uniform and equipment allowances, uniform maintenance allowances, education incentive pay, annual payments for excess accumulated sick leave credit, compensation for overtime work, except for scheduled overtime of fire department members, and any other compensation excluded by the government. Effective: July 15, 2002 History: Amended 2002 Ky. Acts ch. 274, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 484, sec. 1, effective July 14, 2000. -- Amended 1990 Ky. Acts ch. 189, sec. 1, effective July 13, 1990. -- Amended 1982 Ky. Acts ch. 166, sec. 38, effective July 15, 1982. -- Amended 1978 Ky. Acts ch. 164, sec. 6, effective June 17, 1978. -- Created 1974 Ky. Acts ch. 106, sec. 1, effective July 1, 1974.